Article III. Pension Eligibility And Amount

Section 1. General.

This Article sets forth the eligibility conditions and amounts for the pensions provided for by this Plan. The accumulation and retention of Pension Credits for eligibility are subject to the provisions of Article VI. The benefit amounts are subject to reduction under Article VIII and on account of the 50% Joint and Survivor Pension (Article IV). Entitlement of an eligible Participant to receive Pension Benefits is subject to his retirement and application for benefits, as provided in Article VIII.

Eligibility depends on Pension Credits, which are defined in Article VI and take into account creditable employment both before and after January 1, 1961, except that eligibility for Vested Pensions depends on years of Vesting Service, which are also defined in Article VI.

Section 2. Eligibility for Regular Pension.

A Participant may retire on a Regular Pension if he meets the following requirements:

  1. He has attained age 65; and
  2. He has at least 10 years of Pension Credit.

Section 3. Amount of Regular Pension.

  1. The monthly amount of a Regular Pension effective before January 1, 1996 shall be the greater of $220.00 or the sum of the annual Prior Service Benefit plus the annual Current Service Benefit (as determined under paragraphs (1) and (2) of this subsection (a)), divided by 12. If the amount determined is not already a multiple of $.50, it shall be rounded to the next higher multiple of $.50. Prior Service Benefit. The amount of annual Prior Service Benefit is determined as follows:
    1.  The first step is to determine the average annual Earnings Credit to which the Participant is entitled for the most recent five years of Prior Service Credit.
    2.  The second step is to calculate the annual benefit based on the amount in (i) above in accordance with the following schedule:

Prior Service Benefit

$0 to $2,500 7.48% of Earnings Credit
$2,501 to $5,000 $187.00 plus 6.91% of excess over $2,500
$5,001 to $7,500 $359.75 plus 4.62% of excess over $5,000
$7,501 to $25,000 $475.25 plus 4.24% of excess over $7,500
$25,001 to $30,000 $1,217.25 plus 3.73% of excess over $25,000
$30,001 to $50,000 $1,403.75 plus 1.29% of excess over $30,000
over $50,000 $1,661.75 plus 1.18% of excess over $50,000
  1. iii. The final step is to multiply the annual benefit obtained in (ii) above by the total years of Prior Service Credit to which the Participant is entitled. The amount so obtained is the amount of annual Prior Service Benefit.
  2. iv. If the Participant has less than five years of Prior Service Credit, the schedule shown above is applied to the amount of Earnings Credit to which the Participant is entitled to each year of Prior Service Credit. The sum of the amounts so determined is the amount of the annual Prior Service Benefit for those Participants who have accumulated less than five years of Prior Service Credit.
  3. Current Service Benefit. Subject to the limits described in Article VIII, Section 18, a Participant's Current Service Benefit shall be determined in accordance with subsection (i) or (ii) below, whichever yields the greater benefit.
    1. Annual Earnings.
      1. A. The first step is to determine the annual benefit for each year the Participant is entitled to Current Service Credit based on his Earnings Credit for such year and in accordance with the following schedule.
      2. B. The second step is to total all of the sums obtained in (A) above. The amount so obtained is the amount of the annual Current Service Benefit.

Annual Earnings

$0 to $ 2,500 4.15% of Earnings Credit
$2,501 to $ 5,000 $103.75 plus 3.83% of excess over $ 2,500
$5,001 to $ 30,000 $199.50 plus 2.92% of excess over $ 5,000
$30,001 to $ 50,000 $929.50 plus 1.65% of excess over $ 30,000
$50,001 to $ 75,000 $1,259.50 plus 1.40% of excess over $50,000
$ 75,000 to $ 100,000 $1,609.50 plus 1.24% of excess over $75,000
$100,001 and over* $1,919.50 plus 1.08% of excess over $100,000

*Up to the maximum provided in Article VIII, Section 18. For Calendar Years prior to January 1, 1989, Earnings Credit in excess of $200,000 shall be determined at the rate of .90%.

  1. ii. Average Earnings.
    1. The first step is to determine the Participant's average earnings by totaling the Earnings Credit for each year of Current Service Credit and dividing by the number of years of Current Service Credit.
    2. The second step is to calculate the annual benefit based on the amount determined in (A) above in accordance with the following schedule.
    3. The final step is to multiply the annual benefit determined in (B) above by the total years of Current Service Credit to which the Participant is entitled. The amount so obtained is the amount of the annual Current Service Benefit.

Average Earnings

$0 to $2,500 4.15% of Earnings Credit
$2,501 to $5,000 $103.75 plus 3.83% of excess over $2,500
$5,001 to $30,000 $199.50 plus 2.92% of excess over $5,000
$30,001 to $50,000 $929.50 plus 1.65% of excess over $30,000
$50,001 to $75,000 $1,259.50 plus 1.40% of excess over $50,000
$75,001 to $100,000 $1,609.50 plus 1.24% of excess over $75,000
$100,001 and over* $1,919.50 plus 1.08% of excess over $100,000

*Up to the maximum provided in Article VIII, Section 18. For Calendar Years prior to January 1, 1989, the maximum annual compensation recognized shall be $200,000.

  1. In no event shall the monthly amount of Regular Pension be greater than $4,000 per month, except in accordance with subsection (c) below or Article VIII, Section 5(c).
    1. b. The monthly amount of a Regular Pension effective on or after January 1, 1996 shall be the sum of the annual Prior Service Benefit plus the annual Current Service Benefit (as determined under paragraphs (1) and (2) of this subsection (b)), divided by 12. A minimum monthly Regular Pension of $220.00 shall apply if the sum of the Prior Service Benefit plus the Current Service Benefit plus the monthly benefit earned as a Plan Office Participant and/or Guild Office Participant (as determined under paragraphs (c) and (e) of this Section 3) is less than $220.00. If the amount of the Regular Pension determined is not already a multiple of $.50, it shall be rounded to the next higher multiple of $.50.
      1. Prior Service Benefit. The amount of annual Prior Service Benefit is determine as follows:
        1. The first step is to determine the average annual Earnings Credit to which the Participant is entitled for the most recent five years of Prior Service Credit.
        2. The second step is to calculate the annual benefit based on the amount in (i) above in accordance with the following schedule:

Table 1

$0 to $2,500 8.23% of Earnings Credit
$2,501 to $5,000 $205.75 plus 7.60% of excess over $2,500
$5,001 to $7,500 $395.75 plus 5.08% of excess over $5,000
$7,501 to $25,000 $522.75 plus 4.66% of excess over $7,500
$25,001 to $30,000 $1,338.25 plus 4.10% of excess over $25,000
$30,001 to $50,000 $1,543.25 plus 1.42% of excess over $30,000
Over $50,000 $1,827.25 plus 1.30% of excess over $50,000
  1. iii.    The final step is to multiply the annual benefit obtained in (ii) above by the total years of Prior Service Credit to which the Participant is entitled. The amount so obtained is the amount of annual Prior Service Benefit.
  2. iv.    If the Participant has less than five years of Prior Service Credit, the schedule shown above is applied to the amount of Earnings Credit to which the Participant is entitled to each year of Prior Service Credit. The sum of the amounts so determined is the amount of the annual Prior Service Benefit for those Participants who have accumulated less than five years of Prior Service Credit.
  3. Current Service Benefit. Subject to limits described in Article VIII, Section 18, a Participant's Current Service Benefit shall be determined in accordance with subsection (i) or (ii) below, whichever yields the greater benefit.
    1. Annual Earnings.
      1. A.    The first step is to determine the annual benefit for each year the Participant is entitled to Current Service Credit based on his Earnings Credit for such year and in accordance with the following schedules.
      2. B.    The second step is to total all of the sums obtained in (A) above. The amount so obtained is the amount of the annual Current Service Benefit.
         

Table 2

$0 to $2,500 4.57% of Earnings Credit
$2,501 to $5,000 $114.25 plus 4.21% of excess over $2,500
$5,001 to $30,000 $219.50 plus 3.21% of excess over $5,000
$30,001 to $50,000 $1,022.00 plus 1.82% of excess over $30,000
$50,001 to $75,000 $1,386.00 plus 1.54% of excess over $50,000
$75,001 to $100,000 $1,771.00 plus 1.36% of excess over $75,000
$100,001 and over* $2,111.00 plus 1.19% of excess over $100,000

Table 3

$7,500 to $50,000 $272.50 plus 3.5% of Earnings Credit over $ 7,500**
$50,001 to $100,000 $1,760.00 plus 2.5% of excess over $50,000
$100,001 and over* $3,010.00 plus 1.5% of excess over $100,000

Table 4

All Earnings Credit* 3.5% of Earnings Credit

Table 5

All Earnings Credit* 2.0% of Earnings Credit

* Up to the maximum provided in Article VIII, Section 18. For Calendar Years prior to January 1, 1989, Earnings Credit in excess of $200,000 shall be determined at the rate of .90%.

**If a Participant earns a year of Pension Credit based on less than $7,500 of Earnings Credit, such Participant's annual pension benefit shall not be less than $272.50 for each year of Pension Credit.

  1. Average Earnings.
    1. A. The first step is to determine the Participant's average earnings by totaling the Earnings Credit for each year of Current Service Credit and dividing by the number of years of Current Service Credit.
    2. B. The second step is to calculate the annual benefit based on the amount determined in (A) above in accordance with the following schedules.

Table 6

$0 to $2,500 4.57% of Average Earnings
$2,501 to $5,000 $114.25 plus 4.21% of excess over $2,500
$5,001 to $30,000 $219.50 plus 3.21% of excess over $5,000
$30,001 to $50,000 $1,022.00 plus 1.82% of excess over $30,000
$50,001 to $75,000 $1,386.00 plus 1.54% of excess over $50,000
$75,001 to $100,000 $1,771.00 plus 1.36% of excess over $75,000
$100,001 and over* $2,111.00 plus 1.19% of excess over $100,000

Table 7

$7,500 to $50,000 $272.50 plus 3.5% of Average Earnings over $ 7,500**
$50,001 to $100,000 $1,760.00 plus 2.5% of excess over $ 50,000
$100,001 and over* $3,010.00 plus 1.5% of excess over $100,000

Table 8

All Earnings Credit* 3.5% of Average Earnings

Table 9

All Earnings Credit* 2.0% of Average Earnings

* Up to maximum limit of compensation in Article VIII, Section 18. For Calendar Years prior to January 1, 1989, the maximum annual compensation recognized shall be $200,000.

** If the Participant's average earnings are less than $7,500, such Participant's annual pension benefit shall not be less than $272.50 for each year of Pension Credit. 

  1. The final step is to: multiply the annual benefit determined in Table 6 above by the total years of Current Service Credit earned prior to January 1, 1996; multiply the annual benefit determined in Table 7 above by the total years of Current Service Credit the Participant earned after 1995 but prior to 1999; and multiply the annual benefit determined in Table 8 above by the total years of Current Service Credit the Participant earned after 1998 but prior to 2010; and multiply the annual benefit determined in Table 9 above by the total years of Current Service Credit the Participant earned after 2009. The sum of these amounts is the amount of the annual Current Service Benefit.
  2. Maximum Pension.
  3. Prior to July 1, 2007, in no event shall the monthly amount of Regular Pension effective on and after January 1, 1999 be greater than $6,000 ($5,000 for Regular Pensions effective prior to January 1, 1999 but after December 31, 1997, and $4,400 for Regular Pensions effective prior to January 1, 1998) per month, except in accordance with subsections (c)(2) or (e) below, or Article VIII, Section 5(c).
  4. Effective July 1, 2007, in no event shall the monthly amount of Regular Pension be greater than the amount in accordance with the following schedule, except in accordance with subsection (c)(2) or (e) below or Article VIII, Section 5 (c).

Maximum Pension

Less than 20 $6,500 monthly maximum
20 through 29 Pension Credits $7,000 monthly maximum
30 through 34 Pension Credits $7,500 monthly maximum
35 or more Pension Credits $8,000 monthly maximum
  1. Plan Office Participants for pensions effective on or after January 1, 1996 shall be the greater of the following:
    1. The Participant's monthly pension, computed in accordance with the provisions of Sections 3(a) and 3(b). For the purposes of this section 3(c)(1), the provisions of Sections 3(a)(3) and 3(b)(3) shall not apply.
    2. 3.5% (3.0% for pensions effective prior to January 1, 1996) of the Participant's Average Annual Compensation multiplied by the Participant's Years of Pension Credit and dividing that sum by 12. In no event shall the annual amount of a Regular Pension determined under this subsection (2) exceed 70% of the Participant's Average Annual Compensation except in accordance with Article VIII, Section 5(c).
      1. A Participant's Average Annual Compensation shall be computed by adding the Participant's annual Compensation for each of the Participant's five highest consecutive Calendar Years of Compensation in which he earned a Pension Credit and dividing that sum by 5. For the purpose of determining a Participant's Average Annual Compensation under this Section 3(c), the determination of consecutive Calendar Years of Compensation shall ignore Calendar Years prior to a Permanent Break in Service as defined in Section 28(b) of Article I.
      2. Subject to Article VIII, Section 18, a Participant's annual Compensation shall mean the total cash salary or wages paid to the Participant during a Plan Year and reportable as earnings subject to income tax on form W-2. Compensation shall include amounts deferred under the Screen Actors Guild – Producers Pension Plan 401(k) Plan, the Screen Actors Guild – Producers Pension Plan Section 457 Deferred Compensation Plan or the Screen Actors Guild – Producers Pension Plan Section 457(f) Excess Deferred Compensation Plan as well as benefits paid from the Screen Actors Guild – Producers Pension Plan Executive Deferred Compensation Plan. Compensation shall exclude:
        1. commission and other incentive compensation;
        2. cash reimbursement of moving expenses and educational reimbursements to the extent such reimbursements are subject to income tax and reportable on Form W-2;
        3. the taxable portion of any statutory or nonstatutory fringe benefits, including without limitation group-term life insurance, automobiles and automobile allowances, to the extent such benefits are subject to income tax and reportable on Form W-2;
        4. Air Quality Management District incentive pay.
  2. Retiree Increases.
    1. Effective January 1, 1996 the monthly pension payment of all Pensioners who retired prior to January 1, 1996 and who were receiving pension benefits on January 1, 1996 shall be increased by 10%.
    2. Effective January 1, 1999 the monthly pension payment of each Pensioner whose pension effective date was on or before December 1, 1998 and who was receiving pension benefits on or after January 1, 1998 shall be increased by the larger of the following, retroactive to the later of January 1, 1998 or such Pensioner's pension effective date:
      1. 7.5% of the pension amount being received other than any pension amount added by the application of Section 5(c) of Articles VIII, or
      2. the increase in the pension amount which would result solely from recalculating such pension amount using a maximum monthly pension amount of $5,000 in lieu of the maximum monthly pension amount originally used.
      3. Effective January 1, 1999 the monthly pension payment of each Pensioner whose pension effective date was on or before December 1, 1998 and who was receiving pension benefits on or after January 1, 1999 shall be increased by the larger of the following, retroactive to January 1, 1999:
        1. 5.0% of the pension amount being received or
        2. the increase in the pension amount which would result solely from recalculating such pension amount using a maximum monthly pension amount of $6,000 in lieu of the maximum monthly pension amount originally used.
      4. Effective July 1, 2007, the monthly pension payment of each Pensioner whose pension effective date was on or before June 30, 2007 and who was receiving pension benefits on or after July 1, 2007 shall be increased by the larger of the following, retroactive to July 1, 2007:
        1. 3.0% of the pension amount being received
        2. the increase in the pension amount which would result solely from recalculating such pension amount using a maximum monthly pension amount in accordance with the following schedule, in lieu of the maximum pension amount originally used.

Retiree Increases

Less than 20 $6,500 monthly maximum
20 through 29 Pension Credits $7,000 monthly maximum
30 through 34 Pension Credits $7,500 monthly maximum
35 or more Pension Credits $8,000 monthly maximum
  1. Guild Office Participants. For pensions effective on or after January 1, 2004, the monthly amount of a Regular Pension for Guild Office Participants who have earned at least one year of Pension Credit after December 31, 2003 shall be equal to (1) plus (2), if applicable, but no less than the amount in (3), and no greater than the amount in (4) below:
    1. 3.5% of the Participant's Average Annual Compensation, as provided in Article III, Section 3, paragraphs (c)(2)(i) and (ii) above, multiplied by the Participant's years of Pension Credit earned on or after January 1, 2004.
    2. The Accrued Benefit determined under the Guild Plan (as defined in Appendix A) determined as of December 31, 2003, provided, however that such Guild Office Participant's Final Average Monthly Compensation and Covered Compensation (as defined in Appendix A) shall be determined as the date of such Participant's termination of employment. However, for the purposes of the Accrued Benefit as defined in Appendix A, the term "Final Average Monthly Compensation" shall be substituted with the Plan's "Average Annual Compensation" divided by 12, with Compensation prior to 2004 determined in accordance with the Guild Plan's definition of Compensation.
    3. In no event shall a Guild Office Participant be entitled to a monthly pension that is less than the benefit accrued under the Screen Actors Guild Employees Retirement Plan as of December 31, 2003, as provided under Appendix A of the Plan.
    4. In no event shall a Guild Office Participant be entitled to an annual amount which exceeds 70% of the Participant's Average Annual Compensation except in accordance with Article VIII, Section 5(c).
    5. The monthly amount of a Regular Pension for Guild Office Participants who do not earn at least one year of Pension Credit after December 31, 2003 shall be determined in accordance with Appendix A.

Section 4. Eligibility for Early Retirement Pension.

A Participant may retire on an Early Retirement Pension if he meets the following requirements:

  1. He has attained age 55 but has not yet attained age 65; and
  2. He has at least 10 years of Pension Credit.

Section 5. Amount of Early Retirement Pension.

The Early Retirement Pension shall be a monthly amount determined as follows:

  1. The first step is to determine the amount of the Regular Pension to which the Participant would be entitled if he were 65 years of age at the time his Early Retirement Pension is to be effective.
  2. The second step, to take account of the fact that the Participant is younger than age 65, is to reduce the amount determined under Subsection (a) above as follows:
  3. For pensions effective on and after January 1, 1992, the reduction shall be ¼ of 1% for each month by which the Participant is younger than age 65 on the effective date of his Early Retirement Pension.
    1. For pensions effective prior to January 1, 1992, the reduction shall be ½ of 1% for each month by which the Participant is younger than age 65 on the effective date of his Early Retirement Pension.
    2. Notwithstanding the foregoing, effective January 1, 1992, the pension benefits of Pensioners who retired on an Early Retirement Pension between January 1, 1991 and December 31, 1991 shall be adjusted in accordance with Subsection (1) above. Such adjustment shall have no retroactive effect.
    3. Notwithstanding the foregoing, effective January 1, 1996, the pension benefits of Pensioners who retired on an Early Retirement Pension prior to January 1, 1991 shall be adjusted in accordance with Subsection (1) above.

Such adjustment shall have no retroactive effect.

  1. The final step is to round up the amount determined under Subsection (b) above by bringing it to the next higher multiple of $.50, unless it is already a multiple of $.50.

Section 6. Eligibility for Vested Pension.

  1. A Participant who meets one of the following requirements shall have the right to a Vested Pension:
    1. He has at least 10 years of Vesting Service including, for purposes of this Section 6(a)(1) only, any years of Vesting Service which were otherwise lost due to a Permanent Break in Service, or
    2. He has attained Normal Retirement Age and is either an Active Participant at the time he reaches Normal Retirement Age or attains the status of Active Participant after reaching Normal Retirement Age, or
    3. He has at least five (5) years of Vesting Service without a Permanent Break in Service and:
      1. he does not have one or more consecutive One-Year Breaks in Service as of January 1, 1999 and has at least one hour of Earnings Credit after December 31, 1998 and before incurring a Permanent Break in Service, or
      2. he does have one more consecutive One-Year Breaks in Service as of January 1, 1999 and earns at least one Pension Credit after December 31, 1998 and before incurring a Permanent Break in Service, or
      3. He is a Plan Office Participant, or
      4. He is a Guild Office Participant, provided that the Break in Service provisions of this Plan shall not apply for periods prior to January 1, 2004.
  2. Notwithstanding the provisions of subsection (a) above, if a Plan Office Participant satisfied the requirements for a Vested Pension prior to January 1, 1989 with less than 10 years of Vesting Service, pension payments shall not commence until the later of January 1, 1989 or retirement.
  3. A Vested Pension shall be payable upon retirement
    1. after the Participant has attained age 65, in the case of a Participant who becomes eligible for a Vested Pension in accordance with Section 6(a)(1) or 6(a)(3), or
    2. after the Participant has satisfied the requirements of Section 6(a)(2), for a Participant who becomes eligible for a Vested Pension in accordance with Section 6(a)(2), but not in accordance with Section 6(a)(1) or 6(a)(3).

Section 7. Amount of Vested Pension.

The Vested Pension shall be calculated in the same manner as the Regular Pension except that the minimum pension amount as set forth in Article III, Section 3 shall not apply to a Participant who becomes eligible for a Vested Pension in accordance with Section 6(a)(2), 6(a)(3) or 6(b) of this Article, and who has less than 10 years of Vesting Service. However, if a Participant who retires on a Vested Pension with less than 10 years of Vesting Service, subsequently earns 10 years of Vesting Service, he shall be entitled to the minimum effective on the later of January 1, 1989 or the first month following the month in which his 10th year of Vesting Service was earned. If a Participant who retires on a Vested Pension with less than 10 years of Vesting Service subsequently earns 10 years of Pension Credit, he shall be entitled to convert his Vested Pension to a Regular Pension and be entitled to the minimum effective on the later of January 1, 1989 or the first month following the month in which his 10th year of Pension Credit was earned.
If a Participant satisfied the requirements of Section 6(a)(2) of this Article prior to September 8, 1981, pension payments shall not commence until the later of September 8, 1981 or retirement.

Section 8. Eligibility for Disability Pension.

  1. Disability Pension. A totally disabled Participant shall be entitled to a Disability Pension commencing not earlier than January 1, 1981, if he meets the following requirements:
    1. He is younger than age 65; and
    2. He has at least 10 years of Pension Credit; and
    3. He has one year of Pension Credit in the six Calendar Year period preceding the date he became disabled or January 1, 1981, whichever date is later, including the Calendar Year in which his disability commenced.
  2. Occupational Disability Pension. A totally disabled Participant shall be entitled to an Occupational Disability Pension commencing not earlier than July 1, 1994, if he meets the following requirements:
    1. He is younger than age 65; and
    2. He has at least 5 years of Pension Credit; and
    3. He has one year of Pension Credit in the six Calendar Year period preceding the date he became disabled or July 1, 1994, whichever date is later, including the Calendar Year in which is disability commenced; and
    4. His disability occurred in the course of employment covered by this Plan. For purposes of this Section 8(b), a disability caused by an injury sustained at an audition or rehearsal, during travel to or from location or during preparation for production or production shall be deemed to be a disability which occurred in the course of employment covered by the Plan.

Section 9. Amount of Disability Pension.

The Disability Pension shall be a monthly amount equal to the monthly amount of Regular Pension to which the Participant would be entitled if he were age 65 years of age at the time his Disability Pension is to be effective.

Section 10. Total Disability Defined.

A Participant shall be deemed to be totally disabled within the meaning of this Section if:

  1. He has been awarded a Social Security Disability Benefit by the Federal Social Security Administration in connection with his Old Age and Survivor's Insurance Coverage or he has been awarded a Supplemental Security Income Disability Benefit by the Federal Social Security Administration, and
  2. The Board of Trustees, in its sole and absolute judgement, finds that on the basis of such competent medical evidence as the Board of Trustees may require to be shown, the individual is unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or to continue for the individual's lifetime, and such bodily injury or disease is not due to such individual's commission of or attempt to commit a felony, or the engagement in any felonious activity or occupation, or the self-infliction of any injury, or as a result of habitual drunkenness or the use of narcotics, unless the same were administered pursuant to the orders of a licensed physician. The application of the provisions of this subsection may be waived by the Board of Trustees upon good cause satisfactory to the Board being established.

The Board of Trustees may at any time, or from time to time, require evidence of continued entitlement to such Social Security Disability Benefit and may at any time, notwithstanding the prior granting of a Disability Pension under the Plan, require that the individual satisfy the provisions of subsection (b) of this Section as a prerequisite to the continuance of the Disability Pension granted under the Plan.

Section 11. Disability Pension Payments.

For Participants who become totally disabled prior to January 1, 1996, the Disability Pension shall commence on the Social Security Disability Award date of entitlement. For Participants who become totally disabled on or after January 1, 1996, the Disability Pension shall commence on the first of the month following the date the Participant becomes totally disabled as determined by the Social Security Administration. Disability Pension payments shall continue for as long as such disability continues and the Pensioner remains totally disabled as defined in Section 10.

Section 12. Recovery by a Pensioner on a Disability Pension.

If a Pensioner on a Disability Pension loses entitlement to a Social Security Disability Pension, or recovers from a disability, the Pensioner shall report such fact in writing to the Board of Trustees within 30 days of the date he receives notice from the Social Security Administration or the date of such recovery.
A Pensioner on a Disability Pension who is no longer totally disabled may resume employment covered by the Plan and will thereupon resume the accrual of Pension Credit.

Section 13. Eligibility for Service Pension.

A Participant may retire on a Service Pension if he meets the following requirements:

  1. He has attained age 55; and
  2. he has at least 10 years of Pension Credit; and
  3. he has earned at least 5 years of Pension Credit as a Plan Office Participant and/or a Guild Office Participant; and
  4. the sum of his age and years of Pension Credit is at least 75; and
  5. he was not awarded an Early Retirement Pension prior to April 1, 1991; and
  6. he was not awarded an Early Retirement Pension under the Screen Actors Guild Employees Retirement Plan prior to January 1, 2004.

Section 14. Amount of Service Pension.

The monthly amount of Service Pension is determined in the same way as the monthly amount of the Regular Pension is determined.

Section 15. Conversion from Early Retirement Pension to Disability Pension.

Effective January 1, 1996, if a pensioner receiving an Early Retirement Pension is granted a Social Security Disability benefit in accordance with Section 10(a) of this Article III and the Social Security Disability benefit has a date of disability preceding or coincident with the effective date of his Early Retirement Pension, he will be allowed, should he so elect, to convert his Early Retirement Pension to a Disability Pension. The request to change the type of pension must be in writing and filed with the Plan Office along with a copy of the notice of entitlement of Social Security Disability benefits. The effective date of the Disability Pension shall be determined in accordance with Section 11 of this Article III. The amount of the Disability Pension shall be determined in accordance with Section 9 of this Article III and the retroactive increase in monthly benefit amount from the Disability Pension effective date to the date the pension is converted shall be paid in a lump sum. A Pensioner who elects to convert his Early Retirement Pension to a Disability Pension may, at the time of the conversion and with the consent of his spouse, if applicable, change the form of pension he is receiving. A Guild Office Participant is not entitled to benefits under this Section 15 unless the effective date of his Early Retirement Pension is after December 31, 2003.

Section 16. Eligibility for Terminal Illness Benefit.

  1. A totally disabled Participant who is terminally ill shall be entitled to a Terminal Illness Benefit commencing no earlier than January 1, 1996, if he meets the following requirements:
    1. He is younger than age 65;
    2. He has accrued at least 10 years of Pension Credit.
  2. For purposes of this Section 16, a Participant shall be deemed totally disabled if he meets the requirements of Section 10(b) of this Article. A Participant shall be deemed terminally ill upon written certification from a physician legally authorized to practice medicine that the Participant has a life expectancy of less than one year.
  3. If the Participant is married, the Participant's spouse must consent to a waiver of the 50% Joint and Survivor Pension under Article IV, Section 4 with respect to the portion of the accrued benefit which is paid in accordance with Section 17(a) of this Article, provided however, that with regard to Same-Sex Domestic Partners, such consent will not be required.
  4. A Participant who elects to receive a Terminal Illness Benefit shall not be eligible to retire on a Disability Pension.

Section 17. Amount of Terminal Illness Benefit.

  1. The amount of the Terminal Illness Benefit shall be an amount equal to one-half of the Death Before Retirement benefit described in Article V, Section 1(a) which would have been payable if the Participant had died on the date the Trustees determined the Participant was entitled to a Terminal Illness Benefit. The Terminal Illness Benefit shall be paid in a single lump sum payment. The remainder of the Participant's accrued benefit shall be paid in accordance with subsections (b) and (c) below.
  2. If a Participant receives a Terminal Illness Benefit and dies prior to the commencement of benefits under subsection (c) below, then the Participant's beneficiary or spouse shall be entitled to death benefits under Article IV, Section 4 or Article V, Section 1, whichever is applicable. The amount of any death benefit payable under Article V, Section 1 shall be reduced by the amount of the Terminal Illness Benefit lump sum that was paid. If benefits are payable under Article IV, Section 4 on the date of death, the 50% Joint and Survivor Pension otherwise payable shall be reduced by the actuarial equivalent of the Terminal Illness Benefit lump sum which was paid.
  3. If a Participant receives a Terminal Illness Benefit, the remainder of his accrued benefit shall be payable as a Regular, Early Retirement, Vested or Service Pension (whichever he elects) when he is otherwise eligible for such pension and if he is then alive. The amount of the Participant's pension shall be reduced by the actuarial equivalent of the lump sum Terminal Illness Benefit which was paid.
  4. For purposes of this Section, actuarial equivalence shall be determined on the basis of the assumptions for disability pensions contained in Article VII, Section 3(a)(3).

ARTICLE III-A. Pro Rata Pension

Section 1. Purpose.

Pro Rata Pensions are provided under this Plan for Participants who would otherwise be ineligible for a pension because their years of employment have been divided between employment creditable under this Plan and employment creditable under the Motion Picture Industry Pension Plan.

Section 2. Related Service Credit.

The term "Related Service Credit" means service credit accumulated by a Participant under the Motion Picture Industry Pension Plan. The Trustees shall compute Related Plan Service Credits on the basis on which that credit has been earned under the Motion Picture Industry Pension Plan and certified by that Plan to this Plan.

Section 3. Combined Service Credit.

The term "Combined Service Credit" means the total Related Service Credit plus Pension Credit accumulated under this Plan by a Participant.

Section 4. Eligibility for a Pro Rata Pension.

A Participant who has retired shall be eligible for a Pro Rata Pension if he or she meets the following requirements:

  1. he or she would be eligible for a Regular, Disability or Early Retirement Pension under this Plan were his or her Combined Service Credit treated as Pension Credit under this Plan; and
  2. he or she has earned at least five years of Pension Credit under this Plan and five years of Related Service Credit; and
  3. he or she has earned, after January 1, 1992, at least one year of Current Service Credit under this Plan.

Section 5. Breaks in Service.

Credit earned prior to a Permanent Break in Service under this Plan or the Motion Picture Industry Pension Plan shall not be counted in determining the Participant's Pro Rata Pension.

Section 6. Amount of the Pro Rata Pension.

The monthly amount of the Pro Rata Pension is determined in the same way as the Regular, Early Retirement or Disability Pension based only on the Pension Credit earned under this Plan and excluding Related Service Credit.

Section 7. Payment.

Payment of a Pro Rata Pension shall be subject to all the conditions applicable to the other types of pensions under this Plan. Pro Rata payments subject to this Article shall be limited to:

  1. monthly pension payments to a Pensioner and, if applicable, his surviving spouse or Beneficiary; or
  2. death benefits payable in accordance with Article V.

Section 8. Death Before Retirement.

If a Participant dies before retirement, Related Service Credit may be used for purposes of determining eligibility for the Death Before Retirement Benefit under Article V, Section 1 or the 50% Joint and Survivor Pension under Article IV, Section 4 provided he or she has earned at least:

  1. five years of Pension Credit under this Plan, including one year of Current Service Credit after January 1, 1992; and
  2. five years of Related Service Credit.